TIMOTHY L. MCCANDLESS, ESQ. SBN 147715
LAW OFFICES OF TIMOTHY L. MCCANDLESS
Martinez, California 94553
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF COUNTY NAME\ue000
DEFENDANT\u2019S ANSWER COMPLAINT
JURY TRIAL DEMANDED
NOTICE OF NON-STIPULATION TO
20. The claims being advanced by Plaintiffs are barred by virtue of the Plaintiff\u2019s acts and/or omissions that amount to a waiver, including but, not limited to attempting to enforce a non-negotiable promissory note by way of an invalid non-judicial foreclosure sale.
21. This answering defendant is informed and believes and thereupon alleges that
Plaintiffs have engaged in conduct and activities, and by reason of said activities and conduct are
estopped from asserting any claims for damages or seeking any other relief against this
Plaintiffs though under a duty to do so, have failed and neglected to mitigate
their damages and, therefore, cannot recover against these answering Defendants whether as
alleged or otherwise.
This answering defendant alleges that the Plaintiff does not have standing because
Plaintiff\u2019s standing is based solely upon an invalid contract not properly assigned the
enforcement of a promissory note that was not negotiable pursuant to California Commercial
Code section 3203 et seq.
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